CUPPY’S COFFEE GOES TO COURT

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• I have a friend that has lost money to Elite. She has filed formal complaints with the Fort Walton Police, Florida AG, Florida Dept. of Agriculture and Consumer Svcs., Indiana AG, Angola Police Dept., IDEC, BBB and FTC. These agencies are now aware of Elite and the ball is starting to roll. Anyone who has lost any deposit should write formal complaints to each agency listed above as soon as possible. Make some NOISE! Put this lunacy to an end.

• I just received a message from someone who asked me to pass this along. I guess he's in contact with them and is filing a complaint:

  Police Chief Ted Litschauer
  Fort Walton Police Dept.
  7 Hollywood Blvd. NE
  PO Box 4009
  Fort Walton Beach, FL 32549
  (850) 833-9509

  fwbpolice@fwb.org

• Any idea what kind of complaint is being filed with the Ft Walton Beach Police? Contractual things are usually civil. Is this some kind of fraud?

• Maybe somebody thinks that taking people's money and not giving it back for 2 years constitutes fraud and makes them a criminal enterprise. I wonder if continuing to take in refundable deposits knowing that they weren't being put aside - accepting commissions on them - would be considered fraud?

• I am curious, is Brian Hayes being sued as part of Elite or is he with SBT. On Elite website he is shown as the president but he was with SBT. What is going on?

• Dale Nabors is moving Cuppys to Alabama. Does that have something to do with the complaints filed with Ft. Walton Beach Police?

• Does that have something to do with the complaints filed with Ft. Walton Beach Police?
  No, Alabama is Mr. Nabors neighborhood. He's had that planned from the beginning is what I heard.
  They'll probably be able to run the company out of his house pretty soon. Or maybe they'll just set up a bunch of modular buildings in a parking lot somewhere.

• Hard to understand what is going on! When you look at complaints on the Rip-Off ---Bad Business Website, you see that some defrauded franchisees have tried reporting the fraud to local authorities and State Attorneys but that they are ignored.

  Is this because "fraud" in franchising is not really well defined under the law because the franchise agreement, the actual contract, usuaully protects the franchisor for almost everything and anything he may do.

  I can't understand why Dale Nabors took on all of this mess and he is really going to have to put his "Believe and Succeed" message to work for himself. Someone posted that he took on both the assets and the liabilities of Cuppy's when he purchased Cuppy's,

  Is this true? Why would he do this? .

• I can’t understand why Dale Nabors took on all of this mess and he is really going to have to put his “Believe and Succeed” message to work for himself. Someone posted that he took on both the assets and the liabilities of Cuppy’s when he purchased Cuppy’s,

  Is this true? Why would he do this?

  Well, if he "believed" that he could really fix the problems there, he could "succeed" in getting a multiple companies practically for free. Rumor has it that he actually put no cash down whatsoever. It might have been tempting because there were so many obvious inefficiencies to fix right off the bat: hugely bloated staff, focus on sales only, taking people's deposits and spending them on payroll rather than escrowing them.

  However, Dale took on some serious liability and has a franchise company that has never demonstrated an ability to produce royalties. Or profitable units.

  We'll find out if his "Believe & Succeed" mantra works in short order.

  Remember everyone, you've got to believe... or you'll kill the Success Fairy and no one will get their deposits back!

• I am a Cuppy Franchisee. I have gone all the way through the process. I have applied for and recieved an SBA loan. I have paid Cupp's/Elite thousands of dollars for supplies and equipment. I was promised my store would be open the end of July the first week in August. Earlier this week I recieved an anonymous call from a Cuppy executive, informing me the call was off the record, basically he said they had a cash flow problem and that I might be wise to get an attorney. Later on I received another call from an executive working for Elite manufacturing, he said also they have cash flow problems, he stated things are in a disarray and that if I was to pursue legal action he would understand. I was informed that even though I was promised I would be open, I have recieved no equipment, no cabinets, no signs for my store, no sinks, no hot water heater, virtually nothing. I was informed that they had no money to make my cabinets and that even if they did they do not have plans, templates, dies or anything to make them with. Several months ago they had 97 employees and an onsite daycare, they now have 57 and no day care, they are moving from Florida to Alabama and they are only taking 12 key people with them. I feel like I have beenleft out to hang, I have paid to remodel a store in a mall, I have a lease, i have loan payments, I have an empty store and no promises in the for seeable future to get me open. A lot of people have been deceived, a lot of families have been forced into bankruptcy or are on the verge. The things that have been done by Cuppy's Coffee and Elite manufacturing is criminal, they have shown litlle regard for those they have sunk. Are you thinking of a coffee franchise, think again, be careful, especially with Cuppy's Coffee and Elite manufacturing. I may never recover, I have hired an attorney, I have contacted my SBA funder and I have contacted the mall where my store is located, yet the sad reality is that my wife and I's future is not looking real good. I know of at least 5 other families in the same boat, we are all holding on hoping against hope that the sun will come out again and that our stores will get open, we have all paid thousands and thousands of dollars for up to this point, NOTHING.